54-66 ORDINANCE NO. 54-66.
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA, AMENDING CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH,
BY AMENDING SECTION 29-7°5 THEREOF RELATING
TO SETBACK REQUIREMENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Section 29-7.5 Paragraphs (7), (a)
and (b) Code of Ordinances of the City of Delray Beach, be and
the same are hereby amended to read as follows:
"(7) (a) Setback lines shall be established on both
sides of West Atlantic Avenue sixty-eight
(68) feet from the center line thereof, from
Swinton Avenue to the city limits, and no
structures shall be erected, altered or re-
constructed within the area between such set-
back lines. Where a lawful structure exists
at the effective date of adoption or amend-
ment of this ordinance that could not be built
under the terms of this ordinance by reason of
the new setback requirement for buildings from
Swinton Avenue to the city limits, such struc-
ture may be continued as long as it remains
lawful, subject to the following provisions:
(1) No such structure may be enlarged or
altered in a way which increases its
nonconformity;
(2) Should such structure be destroyed by
any means to an extent of more than fifty
per cent (50%) of its replacement cost at
time of destruction, it shall not be re-
constructed except in conformity with the
provisions of this ordinance. This regu-
lation shall not be interpreted to require
a setback of more than sixty-eight (68)
feet from the center line of west Atlantic
Avenue."
SECTION 2. That all ordinances or parts of ordinances
in conflict herewith be and the.same are hereby repealed.
SECTION 3. That this ordinance shall take effect im-
mediately upon its passage and approval as provided by law.
PASSED in regular session on the second and final read-
ing on the 20th day of October , 1966.
MAYOR /
ATTEST:
First Reading September 26, 1966 Second Reading Octobsm 20th, 1966
DELRAY BEACH NEWS-JOURNAL
Published Semi.Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
~rATE OF FLORIDA
COUNTY OF PALM BEACHi
Before the undersigned authority~na~y~a,ppe~'~ ~.l...~.-'~.~'~~,.
~vho ~ oath sa.vs ,that he/~be is ........... ~.~ ..............................
News-Journal, a semi-weekly newspaper published at I~l~y ~e0ch in Palm/l~ach ~o.~ty, Florida;
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Affiant further says that the said Delray Beach News-Journal is a newspaper published at Delray
Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been
continuously published in said Palm Beach County, Florida, each week and has been entered
as second class mail matter at the post office in Delray Beach. in said Palm Beach County,
Florida, iora period of one year next preceding the first publ/cation o! the attached copy of ad-
vertisement; and affiant/urther says that he has neither paid nor pro~ any person, firm or
corporation any discount, rebate, comm/ssion or refund /or the purpose of securing this adver-
tisement for publication in the mid newspaper.
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· eptember 22nd, 1966
TO THE CITY COUNCIL
FROM THE PLANNING AND ZONING BOARD
Gentlemen:
At the regular meeting of the Planning and Zoning
~oard held on ~eptember 20th, 1966 in the Council
Chambers the Board considered a proposed amendment
to Section 29'-7.5 Paragraph (7), (a) and (b) of the
Code of Ordi~ances providing for setback lines on
Nest Atlantic Avenue.
After r evlew of this amendment and it's effect on
West Atlantic Avenue the Board unanimously recolends
to Council that the ordinance be amended as described.
(See attached)
Respectfully sutnaitted
Secretary
AMG :kc
Amend Section 29-7.5, Paragraph (7), (a) and (b)
(7) (a) Setback lines shall be established on both sides of West Atlantic Avenue sixty-eight (68) feet
from the center line thereof, from Swinton
to the city limits, and no s~ructures shallA~nue
erected~ altered or reconstructed within the area
between such setback lines. Where a lawful structure
exists at the effective date of adoption or amendment
of this ordinance that could not be built under the
terms of this ordinance by reason of the new setback
requirement for buildings from Swinton Avenue to the
city limits, such structure may be continued as long
as it remains lawful subject to the fol~_owing
provisions: '
(1) No such structure may be enlarged or altered
in a way which increases its nonconformity;
(2) Should such structure be destroyed by any
means to an extent of more than fifty per
cent (50%) of its replacement cost at time
of destruction, it shall not be reconstructed
except in conformity with the provisiens of
this ordinance. This regulation shall not be
interpreted to require a setback of more than
sixty-eight (68) feet from the center line of
West Atlantic Avenue.